a. The following words and terms as used in this Program shall have the following meanings:
1. Act means the Fair and Accurate Credit Transactions Act of 2003 (Public Law 1 OS-159), as amended from time to time, and including Part 681 of Title 16 of the Code of Federal Regulations implementing Section 114 and 315 thereof.
2. Clerk-Treasurer means the duly elected Clerk-Treasurer of the Town of Schererville, Lake County, Indiana.
3. Covered account means (i) an account that a financial institution or creditor offers or maintains, primarily for personal, family, or household purposes that involves or is designed to permit multiple payments or transactions. Covered accounts include credit card accounts, mortgage loans, automobile loans, margin accounts, cell phone accounts, utility accounts, checking accounts and savings accounts; and (ii) any other account that the financial institution or creditor offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational,, compliance, reputation or litigation risks.
4. Identify Theft means a fraud committed or attempted using the identifying information of another person without authority.
5. Program means this Identity Theft Prevention Program, as amended from time to time.
6. Red Flag means a pattern, practice or specific activity that indicates the possible existence of identity theft. Red Flags include, but are not limited to, any of the following;
(i) A fraud alert included with a consumer report;
(ii) Notice of a credit freeze in response to a request for a consumer report;
(iii) Consumer reporting agency providing a notice of address discrepancy;
(iv) Unusual credit activity, such as an increased number of accounts or inquiries;
(v) Documents provided for identification appearing altered or forged;
(vi) Photograph on identification inconsistent with appearance of customer presenting the information;
(vii) Information on identification inconsistent with information provided by person opening account;
(viii) Information on identification, such as signature, inconsistent with information on file at utilities (such as a signature card or recent check);
(ix) Application appearing forged or altered or destroyed and reassembled;
(x) Information on identification not matching any address in the consumer report;
(xi) Lack of correlation between social security number range and date of birth;
(xii) Personal identifying information associated with known fraud activity;
(xiii) Suspicious addresses supplied, such as a mail drop, or phone numbers associated with pagers or answering service;
(xiv) Social security number provided matching that submitted by another person opening an account or other customers;
(xv) An address or phone number matching that supplied by a large number of applicants;
(xvi) The person opening the account unable to supply identifying information in response to notification that the application is incomplete;
(xvii) Personal information inconsistent with information already on file at utilities;
(xviii) Person opening account or customer unable to correctly answer challenge questions;
(xix) Shortly after change of address, utilities receiving request for additional users of account;
(xx) Customer fails to make first payment;
(xxi) Drastic change in payment patterns;
(xxii) An account that has been inactive for a lengthy time suddenly exhibiting unusual activity;
(xxiii) Mail sent to customer repeatedly returned as undeliverable despite ongoing transactions on active account;
(xxiv) Utilities notified that customer is not receiving paper account statements;
(xxv) Utilities notified of unauthorized charges or transactions on customer’s account;
(xxvi) Utilities notified that they have opened a fraudulent account for a person engaged in identity theft.
7. Town means the Town of Schererville, Lake County, Indiana.
8. Town Council means the duly elected Legislative and Fiscal Body of the Town of Schererville, Lake County, Indiana.
9. Town Manager means the responsible and identified head administrative employee for the Town of Schererville, Lake County, Indiana.
10. Utilities means the sewer and water utilities owned, operated and managed by the Town pursuant to the provisions of Indiana Code, 8-1.5 et seq. and Indiana Code, 36-9-23 et seq., respectively, and all other applicable laws.
b. Unless defined above or otherwise indicated by the context in which they are used, the words and phrases in this Program shall have the meaning ascribed to them in the Act.
(Ord. No. 1752, § 1, 4-22-09)